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BHOORA KHAN versus STATE


The benefit of suspicion of Section 497 (2) Contempt of Regulation (XLV of 1860), Sections 302, 201, 148 and 149, Further Inquiry, was filed in this case in which the case was delayed by almost two months. There was no medical evidence available to violate the contradiction by the complainant against the recovered accused; many questions were raised about the truth of the complainant's claim in the FIR; the accused was found innocent during the investigation. Although the investigation was later proved to be a crime, the suspect's benefit, even at the bail stage, could have been given to the suspect because of the contradictory police opinion. The prosecution failed to prove that the accused was absconding with the law. During the investigation, no articles were recovered for the accused's instance. There can be no basis for denying the registration of cases against the accused in the past without prior conviction of the accused. f Further, after inquiring in favor of the accused, they were entitled to bail because the trial would not be obstructed to obtain arrest bail after the accused.

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